Anatomy of a DUI Less Safe Arrest

As we’ve previously discussed, there are two main alcohol based DUI charges in Georgia.  DUI Per Se is purely based on the level of alcohol in your blood.  DUI Less Safe is the one that many people don’t really know about.  DUI Less Safe simply means that the State believes you drove less safely than someone who did not have alcohol in their system.

In my years practicing law, both as a Prosecutor and Defense attorney, I have watched hundreds of DUI arrest videos.  In that time I’ve learned to establish which cases had good cause for arrest and which did not.  Following are some elements that would help the State in convicting someone of DUI less safe.   

1.    The officer needs to have had a reason to pull you over. Without a valid reason to pull you over, the State cannot use any of the evidence that they may have gathered against you. This probable cause may be something like speeding, failure to maintain lane, not stopping at a stop light, or even something as minor as a window tint violation.

2.    Once the officer comes into contact with you, there has to be a physical manifestation of drug or alcohol use.  Examples of this are slurring of words, bloodshot eyes or the smell of alcohol coming from your breath or body.

3.    When the officer asks you to exit the vehicle, he/she is looking for more clues such as continued smell of alcohol coming from your person, swaying, stumbling or lack of movement control.

4.    The officer then has the opportunity to perform Field Sobriety Tests.  These three voluntary tests look for additional evidence that you are under the influence of alcohol or drugs. They test balance, ability to follow directions and other clues. The three tests are:         

a.    HGN- (Horizontal Gaze Nystagmus)- This is the vision test, during which the officer is looking for nystagmus, or stuttering of the eyes while the officer has you track the movement of an object (usually a pen or his finger).  If the eyes stutter or bounce while tracking, that is an indicator that alcohol MIGHT be present in your system. There are some 30+ other reasons for nystagmus to be present, including physiological conditions, neurological conditions, congenital problems, dust, smoke sensitivity, etc.

b.    One Leg Stand- In this test, the officer instructs you to stand with your feet together, arms to your side and to raise one foot of your choice six inches, look directly at it and count off until the officer tells you to stop. This is a check for balance, coordination, and ability to follow directions. Negative results from this test can also be explained by many other factors, including physiological conditions, balance issues, inner-ear issues, nervousness, not just consumption of alcohol.

c.     Walk and Turn- The officer will instruct you to stand with your arms to your side and watch as he demonstrates walking heel to toe for nine steps, pivot on your left foot and walk back nine steps heel to toe.  This like the One Leg Stand is a divided attention test, to see if you can count steps, move your legs and follow directions. Again, like in the previous two tests there are many reasons people can “fail” these tests that have nothing to do with alcohol consumption.

Once the officer has made his or her observations the officer will then decide whether to place you under arrest for DUI Less Safe. Whether you decide to take the voluntary tests is up to you, however please note that you are being observed and that the tests have not been shown to establish that a person is under the influence to a 100% certainty, and any tests you perform can be used as evidence against you in your criminal case. 

If you have been arrested for DUI less safe and want to ensure that your rights are protected, hire a competent, experienced attorney to evaluate your case and help defend your rights.


Criminal defense attorney Brandon Rosenbloom represents clients who have been accused of crimes, including DUI, traffic violations, theft and drug possession.

A former Fulton County prosecutor, Brandon combines his training, experience and passion to serve those accused of crimes in the greater Atlanta area, including Cobb, DeKalb, Fulton and Gwinnett counties.

Will I go to jail for a car debt?

Someone who fell behind on their car payments recently contacted me because car creditors were threatening to get an arrest warrant. This is a scam. Sometimes, debt collectors resort to deceptive practices to get someone to pay monies owed. In the United States, we do not have debtor’s prison.  Unless your debt is to the IRS, you don’t have to fear jail time.   Other threats I have heard include:

1.    “We will contact your employer and order them to take the money right out of your check.” The only way a creditor can access your paycheck is through a court order.  This is a time consuming process for the creditor and would require that the creditor would file a law suit against you first.

2.    “We will ruin your family members’ credit.” Unless the debt is also in another person’s name, the creditors cannot attack a family members’ credit.

In the end of the day, do you owe a debt? Yes. 

Can they ruin your credit? Yes, if you let them. 

Contact an experienced debt settlement attorney to work out a payment arrangement that works for you and protect your rights, your income and your peace of mind.

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online.

Will I serve jail time?

More often than not one of the first questions I am asked by a criminal defense client is whether they will have to go to jail. My answer….it depends. There are numerous factors that go into whether jail time will be part of a sentence, some of which are:

1.    The crime itself- some crimes (both misdemeanors and felonies), specifically state in the Georgia Criminal Statute that some amount of jail time is required. A lot of the statutes, however, do not specifically call for any jail time whatsoever, so in those cases, it’s the discretion of the court to decide jail time or how much.

2.    The history of the defendant- the court will look at a person’s past criminal record to determine what, if any, jail time will be required if convicted.

3.    The facts of the case- if a judge finds that the facts of the case (i.e. type of victim, method of committing a crime or attitude of the criminal defendant) are such that punishment other than a fine or community service or probation are insufficient, they may choose to sentence jail.

Under Georgia law, misdemeanor crimes can carry a maximum sentence of 12 months in jail and a $1000 fine.  So, even a minor crime such as criminal trespass, where there were no damages or injuries could still lead to jail time depending on the factors above. No charge, no matter how “trivial” or minor is worth jail time. Consult an experienced criminal  defense attorney in your area to protect your rights and help to make sure you don’t go to jail for a “minor” crime.

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online.

What will happen if I violate my probation?

Recently I attended a probation revocation hearing with a client. Usually these hearings are scheduled after a person who has been convicted of a crime and has been placed on probation does something (i.e. arrested on a new charge) or fails to do something (not pay probation fees, attend required programs, fail to check in with probation as required etc….).  Here’s what to expect if you have violated your probation in Georgia.

The “prosecutor” in this type of hearing is not the State or Superior Court prosecutor that worked to convict you in the first offense. Rather, it is the Probation Officer who was assigned to you at your conviction. The Probation Officer will request in writing that you appear in court, sometimes even in front of the same judge that sentenced you in the first place.  During the hearing, the Probation Officer will inform the Judge that you have either committed a new crime or have failed to perform whatever probationary requirements you were assigned.

Depending on the circumstances and your history, there are three possibilities that can result from this hearing.

1.    Your probation can be revoked. If that happens, the judge will sentence you to a specific amount of time in jail, up to the remainder of your time on probation.  Remember, the whole point of probation is an alternative to spending the full sentence in jail.

2.    It’s possible that the judge will be lenient on you and allow you to continue on probation as long as there are no further issues

3.    As further punishment, the judge has the power to add terms and time to your probation.

There is one other thing to keep in mind. If you are on probation and get convicted of a new crime in a different jurisdiction, you may now have two probations, as they likely won’t count toward each other.  This means more check-ins, more probation fees and more sentencing terms to complete.

If you are on probation and have either been re-arrested or are having problems meeting the requirements of your probation, contact an experienced criminal defense attorney to provide answers and advice.  Do not go to court alone, it could mean the difference between more probation and actual jail time.

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online.